Criminal Law - Juvenility Determination – Section 12 of the Juvenile Justice Act and Rule 12 of JJ Rules, 2007 – Juvenility Rejected – The appellant challenged concurrent findings of the courts below which declared the accused a juvenile based on a school transfer certificate indicating date of birth as 18.04.1995 – Supreme Court found the certificate unreliable as it was b...
Criminal Law - Quashing of FIR – Abetment of Suicide – Scope of Section 306 IPC – FIR Quashed – Petitioners challenged the registration of FIR under Section 306 read with 34 IPC based on an alleged verbal altercation with the deceased Savitri Devi – Court noted that even taking the prosecution’s case at face value, there was no proximate or direct instigation or...
Criminal Procedure – Service of Notice under Section 35 BNSS – Electronic Mode Not Permissible – Application Dismissed – The State of Haryana sought modification of the Supreme Court’s earlier order to allow electronic service of notices under Section 35 BNSS – Held: Legislative intent is explicit in excluding investigation-related notices from electronic mode u...
Criminal Law – Quashing – Section 419, 420, 467,468,471 of the IPC - Criminal Complaint – Allegation of Forged Will – Quashing Justified – Civil Dispute Given Criminal Colour – Appellants, daughters-in-law of the deceased, inherited estate via a will dated 23.12.1993 – Sale deed was executed by one son after the testator’s death – Complainant f...
Criminal Appeal – Quashing of FIR – Alleged cheating and breach of trust arising out of property transaction – FIR Quashed – The appellants challenged the registration of FIR and cognizance taken under Sections 406, 420, and 120B IPC in relation to a 2015 Agreement to Sell and GPA regarding land in Bhoopasandra Village, Bengaluru – The Court found that the dispute was...
Criminal Appeal – Quashing of FIR – Protest Rally and Dharna – FIR Quashed – Appellants challenged the criminal proceedings initiated for participating in a peaceful student rally in 2019 without prior permission, during the election Model Code of Conduct – The FIR alleged public nuisance and obstruction under IPC and Police Act – The Court found no ingredients ...
Criminal Law - Sexual Assault on Minor – Conviction Under Section 6 POCSO – Appeal Dismissed – The appellant challenged his conviction under Sections 363/367/323/342/506/377 IPC and Section 6 POCSO on grounds of inconsistencies in timelines and lack of recovery – Held: Testimony of the 9-year-old victim was clear, cogent, and consistent – Independent eyewitnesses corr...
Service Law – Dismissal from Service – Disciplinary Proceedings Based Solely on Police Confession – Dismissal Set Aside – Petitioner, a bank employee, was dismissed from service for alleged involvement in fraudulent withdrawal of Rs. 55.20 lakhs – The disciplinary authority relied solely on a confessional statement made to the police and a prosecution witness referenc...
Criminal Law - Anticipatory Bail – Sections 351(2), 79, 3(5), 70 of the BNS - Serious Allegations of Sexual Offence – Bail Granted – The petitioner sought anticipatory bail in a case involving allegations of gang rape, assault, and robbery arising from alleged retaliation after employment termination – The Court observed substantial contradictions in the complainant’s...
Criminal Law - Quashing of Fir and Proceedings – Section 498A IPC – Vague and General Allegations Against Husband’s Relatives – Proceedings Quashed – Petitioners, relatives-in-law residing separately, challenged FIR and charge-sheet under Section 498A IPC – Allegations against them found to be vague, omnibus, without specific details of cruelty or harassment &nd...